(1)The reference in section 16A(1)(c) to a person entitled to ask to be given information under that section is to—
(a)the natural person (“V”) against whom the offence mentioned in section 16A(1)(a) (“the relevant offence”) was perpetrated,
(b)if V is dead—
(i)any or all of the four qualifying persons highest listed in section 14(10), and
(ii)if V died before attaining the age of 16 years, any other person who cared for V immediately before the relevant offence was perpetrated, or
(c)if V has attained the age of 12 years and is incapable for the purposes of this section, the qualifying person highest listed in section 14(10).
(2)If a person (including V) who would be entitled to ask to be given information by virtue of subsection (1) has not attained the age of 12 years—
(a)the person is not entitled to ask to be given the information, and
(b)someone who cares for the person is entitled to ask to be given it instead.
(3)For the purposes of this section—
(a)the references to a qualifying person are to a person—
(i)whose relationship to V is listed in subsection (10) of section 14 (read with the other subsections of that section),
(ii)who is not incapable for the purposes of this section, and
(iii)who is not a person accused of, or reasonably suspected of being the perpetrator of, or having been implicated in the perpetration of, the relevant offence,
(b)when determining who is the qualifying person highest listed in section 14(10), if two or more persons have the same relationship to V they are to be listed according to age with the eldest being the highest listed of them,
(c)the expressions “cared for” and “cares for”, are to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010,
(d)a person is to be considered incapable for the purposes of this section if the person would be considered incapable of making a victim statement by virtue of section 14(6)(b)(i) and (7).]
Textual Amendments
F1Ss. 16A-16C inserted (15.9.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 55(2), 61(2); S.S.I. 2017/234, art. 2(1)(b)(2)(a)(3) (with arts. 5-8)